CPC — Order VII Rule 11 — Rejection of plaint — Subsequent application — Suit for specific performance — Earlier applications for rejection of plaint on same grounds dismissed and attained finality — Subsequent application filed on identical grounds of lack of cause of action — Where grounds raised are same as earlier rejected applications, subsequent petition is not maintainable and amounts to misuse of process — Questions relating to enforceability of agreement of sale, possession and genuineness are matters for trial — Trial Court rightly dismissed application — No interference warranted under Article 227 — Civil Revision Petition dismissed. (Paras 12 to 14)

advocatemmmohan

CPC — Order VII Rule 11 — Rejection of plaint — Subsequent application — Suit for specific performance — Earlier applications for rejection of plaint on same grounds dismissed and attained finality — Subsequent application filed on identical grounds of lack of cause of action — Where grounds raised are same as earlier rejected applications, subsequent petition is not maintainable and amounts to misuse of process — Questions relating to enforceability of agreement of sale, possession and genuineness are matters for trial — Trial Court rightly dismissed application — No interference warranted under Article 227 — Civil Revision Petition dismissed.
(Paras 12 to 14)